Sometimes people encounter the police in a casual meeting in which conversation occurs, questions are asked, and the person is free to walk away. Sometimes the encounter signals that a criminal investigation is underway and the person is not free to leave until the inquiry is complete. At still other times, the purpose for the encounter is clear because the person is being arrested.
In the latter two interactions, Miranda warnings must be given before questioning, because the subject is deemed to be in custody. Moreover, before an officer can perform an investigatory stop, he must have a “reasonable and articulable suspicion” that criminal activity has occurred or is about to occur. But the distinction between a “field inquiry” and an investigatory stop is not always clear, especially because one type of interaction can ripen into the other, and the determination whether and when it does is fact-specific. The New Jersey Supreme Court has now provided valuable guidance.
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